MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 April 2002                  
	DOCKET NUMBER:   AR2001063276

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his undesirable discharge (UD) be upgraded to honorable.

APPLICANT STATES:  That his discharge was upgraded 6 months following his discharge.  He has been issued an honorable discharge certificate from the Lebanon County Courthouse on 3 different occasions, and for some reason it has been downgraded to UD status.  He also states that he served in combat in Korea and seeks nothing except an honorable certificate to place in his military awards showcase.  He submits copies of a letter from the White House dated 24 August 2001, a reply to his National Personnel Records Center inquiry dated 4 October 2000, a partially destroyed copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), and a copy of his DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) issued on 12 July 2000, in support of his request.

EVIDENCE OF RECORD:  The applicant's military records were heavily damaged in the National Personnel Records Center fire of 1973.  Information herein was obtained from those damaged records.

He enlisted in the Regular Army for 3 years on 20 March 1950.  He served overseas in Korea from 15 August to 23 December 1950.

On 30 July 1951, a special court-martial convened for 2 specification of absence without leave (AWOL) (18 March to 26 May 1951 and 2 June to 30 June 1951).  He was found guilty and sentenced to confinement at hard labor for 3 months and forfeiture of pay.

He was reported absent without leave (AWOL) on 1 November 1951 and dropped from the rolls.

On 8 May 1952, a special court-martial convened for 1 specification of AWOL (1 November 1951 to on or about 26 January 1952).  He was found guilty and sentenced to confinement at hard labor for 4 months and forfeiture of pay.

On 14 August 1953, a summary court-martial convened for 1 specification of AWOL (3 August to 10 August 1953).  He was found guilty and sentenced to confinement at hard labor for 25 days and forfeiture of pay.

On 6 November 1953, the applicant’s commander requested that the applicant be ordered before a board of officers for separation because he was a chronic offender and failed to assume his obligations.

A board of officers convened on 24 November 1953 and found the applicant unfit for further military service because of habits which render retention in the service undesirable.
He was discharged as a private, pay grade E-1, on 29 December 1953 under the provisions of Army Regulation 615-368 and issued an UD certificate.  He had a total of 2 years, 2 months and 5 days net active service this period and 489 days lost time and 95 days lost time subsequent to normal expiration of term of service.

The applicant was awarded the Korean Service Medal with 2 Bronze Service Stars, the United Nations Service Medal, and the Combat Infantryman Badge for his service.

On 15 December 1998, he was issued a Certification of Military Service showing a UD.

On 12 July 2000, he was issued a DD Form 215 showing addition of the Purple Heart Award with Oak Leaf Cluster and the Korea Presidential Unit Citation Badge.

The applicant’s discharge proceedings are not a matter of record.

The applicant has not provided any evidence that the Lebanon County Courthouse upgraded his discharge on 3 different occasions after his separation from the Army.

Army Regulation 615-368, then in effect, set forth the policy and procedures for separation of enlisted personnel for unfitness.  Unfitness included, in addition to misconduct and repeated petty offenses, habits and traits of character manifested by antisocial or amoral trends, chronic alcoholism, criminalism, drug addiction, pathological lying, homosexuality, sexual perversion, habitual shirking, and repeated venereal infections.  Action to separate an individual was to be taken when, in the judgment of the commander, rehabilitation was unsuccessful, impractical or was unlikely to produce a satisfactory soldier.  When separation for unfitness was warranted a UD was normally considered appropriate.

Regulatory guidance provides that an honorable discharge is a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be inappropriate.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to an upgrade of his discharge to honorable.  He has not shown error, injustice, or inequity for the relief he now requests.  

2.  The Board notes the applicant’s contentions that his discharge was upgraded to honorable 6 months after his discharge and that he served honorably in combat in Korea.  However, the applicant’s commander felt he was a chronic offender and failed to assume his obligations.  Notwithstanding his honorable combat service and awards, in view of the applicant's overall record for his period of service after Korea, it does not appear that his UD was too severe.

3.  It is also noted that his records do not show that his discharge was upgraded to honorable 6 months after his discharge.  He also has not provided any evidence that the Lebanon County Courthouse has upgraded his discharge on 3 different occasions after his separation.

4.  In the absence of evidence to the contrary, the applicant’s discharge was conducted in accordance with law and regulations applicable at the time. 

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__gdp___  _cg_____  _jl_____     DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001063276	
SUFFIX		
RECON		
DATE BOARDED	20020425	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A70	
2.		
3.		
4.		
5.		
6.